Full Text of SB0104 98th General Assembly
SB0104ham001 98TH GENERAL ASSEMBLY | Rep. Jack D. Franks Filed: 5/8/2013
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| 1 | | AMENDMENT TO SENATE BILL 104
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 104 on page 1 by | 3 | | inserting immediately below line 3 the following:
| 4 | | "Section 3. The Illinois Public Labor Relations Act is | 5 | | amended by changing Sections 9 and 14 as follows:
| 6 | | (5 ILCS 315/9) (from Ch. 48, par. 1609)
| 7 | | Sec. 9. Elections; recognition.
| 8 | | (a) Whenever in accordance with such
regulations as may be | 9 | | prescribed by the Board a petition has been filed:
| 10 | | (1) by a public employee or group of public employees | 11 | | or any labor
organization acting in their behalf | 12 | | demonstrating that 30% of the public
employees in an | 13 | | appropriate unit (A) wish to be represented for the
| 14 | | purposes of collective bargaining by a labor organization | 15 | | as exclusive
representative, or (B) asserting that the | 16 | | labor organization which has been
certified or is currently |
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| 1 | | recognized by the public employer as bargaining
| 2 | | representative is no longer the representative of the | 3 | | majority of public
employees in the unit; or
| 4 | | (2) by a public employer alleging that one or more | 5 | | labor organizations
have presented to it a claim that they | 6 | | be recognized as the representative
of a majority of the | 7 | | public employees in an appropriate unit,
| 8 | | the Board
shall investigate such petition, and if it has | 9 | | reasonable cause to believe
that a question of representation | 10 | | exists, shall provide for an appropriate
hearing upon due | 11 | | notice. Such hearing shall be held at the offices of
the Board | 12 | | or such other location as the Board deems appropriate.
If it | 13 | | finds upon the record of the hearing that a question of
| 14 | | representation exists, it shall direct an election in | 15 | | accordance with
subsection (d) of this Section, which election | 16 | | shall be held not later than
120 days after the date the | 17 | | petition was filed regardless of whether that
petition was | 18 | | filed before or after the effective date of this amendatory
Act | 19 | | of 1987; provided, however, the Board may extend the time for | 20 | | holding an
election by an additional 60 days if, upon motion by | 21 | | a person who has filed
a petition under this Section or is the | 22 | | subject of a petition filed under
this Section and is a party | 23 | | to such hearing, or upon the Board's own
motion, the Board | 24 | | finds that good cause has been shown for extending the
election | 25 | | date; provided further, that nothing in this Section shall | 26 | | prohibit
the Board, in its discretion, from extending the time |
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| 1 | | for holding an
election for so long as may be necessary under | 2 | | the circumstances, where the
purpose for such extension is to | 3 | | permit resolution by the Board of an
unfair labor practice | 4 | | charge filed by one of the parties to a
representational | 5 | | proceeding against the other based upon conduct which may
| 6 | | either affect the existence of a question concerning | 7 | | representation or have
a tendency to interfere with a fair and | 8 | | free election, where the party
filing the charge has not filed | 9 | | a request to proceed with the election; and
provided further | 10 | | that prior to the expiration of the total time allotted
for | 11 | | holding an election, a person who has filed a petition under | 12 | | this
Section or is the subject of a petition filed under this | 13 | | Section and is a
party to such hearing or the Board, may move | 14 | | for and obtain the entry
of an order in the circuit court of | 15 | | the county in which the majority of the
public employees sought | 16 | | to be represented by such person reside, such order
extending | 17 | | the date upon which the election shall be held. Such order | 18 | | shall
be issued by the circuit court only upon a judicial | 19 | | finding that there has
been a sufficient showing that there is | 20 | | good cause to extend the election
date beyond such period and | 21 | | shall require the Board to hold the
election as soon as is | 22 | | feasible given the totality of the circumstances.
Such 120 day | 23 | | period may be extended one or more times by the agreement
of | 24 | | all parties to the hearing to a date certain without the | 25 | | necessity of
obtaining a court order. Nothing in this Section | 26 | | prohibits the waiving
of hearings by stipulation for the |
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| 1 | | purpose of a consent election in conformity
with the rules and | 2 | | regulations of the Board or an election in a unit agreed
upon | 3 | | by the parties. Other interested employee organizations may | 4 | | intervene
in the proceedings in the manner and within the time | 5 | | period specified by
rules and regulations of the Board. | 6 | | Interested parties who are necessary
to the proceedings may | 7 | | also intervene in the proceedings in the manner and
within the | 8 | | time period specified by the rules and regulations of the | 9 | | Board.
| 10 | | (a-5) The Board shall designate an exclusive | 11 | | representative for purposes
of
collective bargaining when the | 12 | | representative demonstrates a showing of
majority interest by | 13 | | employees in the unit. If the parties to a dispute are
without
| 14 | | agreement on the means to ascertain the choice, if any, of | 15 | | employee
organization
as their representative, the Board shall | 16 | | ascertain the employees' choice of
employee organization, on | 17 | | the basis of dues deduction authorization or other
evidence, | 18 | | or, if necessary, by conducting an election. All evidence | 19 | | submitted by an employee organization to the Board to ascertain | 20 | | an employee's choice of an employee organization is | 21 | | confidential and shall not be submitted to the employer for | 22 | | review. The Board shall ascertain the employee's choice of | 23 | | employee organization within 120 days after the filing of the | 24 | | majority interest petition; however, the Board may extend time | 25 | | by an additional 60 days, upon its own motion or upon the | 26 | | motion of a party to the proceeding. If either party provides
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| 1 | | to the Board, before the designation of a representative, clear | 2 | | and convincing
evidence that the dues deduction | 3 | | authorizations, and other evidence upon which
the Board would | 4 | | otherwise rely to ascertain the employees' choice of
| 5 | | representative, are fraudulent or were obtained through | 6 | | coercion, the Board
shall promptly thereafter conduct an | 7 | | election. The Board shall also investigate
and consider a | 8 | | party's allegations that the dues deduction authorizations and
| 9 | | other evidence submitted in support of a designation of | 10 | | representative without
an election were subsequently changed, | 11 | | altered, withdrawn, or withheld as a
result of employer fraud, | 12 | | coercion, or any other unfair labor practice by the
employer. | 13 | | If the Board determines that a labor organization would have | 14 | | had a
majority interest but for an employer's fraud, coercion, | 15 | | or unfair labor
practice, it shall designate the labor | 16 | | organization as an exclusive
representative without conducting | 17 | | an
election. If a hearing is necessary to resolve any issues of | 18 | | representation under this Section, the Board shall conclude its | 19 | | hearing process and issue a certification of the entire | 20 | | appropriate unit not later than 120 days after the date the | 21 | | petition was filed. The 120-day period may be extended one or | 22 | | more times by the agreement of all parties to a hearing to a | 23 | | date certain.
| 24 | | (a-6) A labor organization or an employer may file a unit | 25 | | clarification petition seeking to clarify an existing | 26 | | bargaining unit. The Board shall conclude its investigation, |
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| 1 | | including any hearing process deemed necessary, and issue a | 2 | | certification of clarified unit or dismiss the petition not | 3 | | later than 120 days after the date the petition was filed. The | 4 | | 120-day period may be extended one or more times by the | 5 | | agreement of all parties to a hearing to a date certain. | 6 | | (b) The Board shall decide in each case, in order to assure | 7 | | public employees
the fullest freedom in exercising the rights | 8 | | guaranteed by this Act, a unit
appropriate for the purpose of | 9 | | collective bargaining, based upon but not
limited to such | 10 | | factors as: historical pattern of recognition; community
of | 11 | | interest including employee skills and functions; degree of | 12 | | functional
integration; interchangeability and contact among | 13 | | employees; fragmentation
of employee groups; common | 14 | | supervision, wages, hours and other working
conditions of the | 15 | | employees involved; and the desires of the employees.
For | 16 | | purposes of this subsection, fragmentation shall not be the | 17 | | sole or
predominant factor used by the Board in determining an | 18 | | appropriate
bargaining unit. Except with respect to non-State | 19 | | fire fighters and
paramedics employed by fire departments and | 20 | | fire protection districts,
non-State peace officers and peace | 21 | | officers in the State
Department of State Police, a single | 22 | | bargaining unit determined by the
Board may not include both | 23 | | supervisors and nonsupervisors, except for
bargaining units in | 24 | | existence on the effective date of this Act. With
respect to | 25 | | non-State fire fighters and paramedics employed by fire
| 26 | | departments and fire protection districts, non-State peace |
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| 1 | | officers and
peace officers in the State Department of State | 2 | | Police, a single bargaining
unit determined by the Board may | 3 | | not include both supervisors and
nonsupervisors, except for | 4 | | bargaining units in existence on the effective
date of this | 5 | | amendatory Act of 1985.
| 6 | | In cases involving an historical pattern of recognition, | 7 | | and in cases where
the employer has recognized the union as the | 8 | | sole and exclusive bargaining
agent for a specified existing | 9 | | unit, the Board shall find the employees
in the unit then | 10 | | represented by the union pursuant to the recognition to
be the | 11 | | appropriate unit.
| 12 | | Notwithstanding the above factors, where the majority of | 13 | | public employees
of a craft so decide, the Board shall | 14 | | designate such craft as a unit
appropriate for the purposes of | 15 | | collective bargaining.
| 16 | | The Board shall not decide that any unit is appropriate if | 17 | | such unit
includes both professional and nonprofessional | 18 | | employees, unless a majority
of each group votes for inclusion | 19 | | in such unit.
| 20 | | (c) Nothing in this Act shall interfere with or negate the | 21 | | current
representation rights or patterns and practices of | 22 | | labor organizations
which have historically represented public | 23 | | employees for the purpose of
collective bargaining, including | 24 | | but not limited to the negotiations of
wages, hours and working | 25 | | conditions, discussions of employees' grievances,
resolution | 26 | | of jurisdictional disputes, or the establishment and |
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| 1 | | maintenance
of prevailing wage rates, unless a majority of | 2 | | employees so represented
express a contrary desire pursuant to | 3 | | the procedures set forth in this Act.
| 4 | | (d) In instances where the employer does not voluntarily | 5 | | recognize a labor
organization as the exclusive bargaining | 6 | | representative for a unit of
employees, the Board shall | 7 | | determine the majority representative of the
public employees | 8 | | in an appropriate collective bargaining unit by conducting
a | 9 | | secret ballot election, except as otherwise provided in | 10 | | subsection (a-5).
Within 7 days after the Board issues its
| 11 | | bargaining unit determination and direction of election or the | 12 | | execution of
a stipulation for the purpose of a consent | 13 | | election, the public employer
shall submit to the labor | 14 | | organization the complete names and addresses of
those | 15 | | employees who are determined by the Board to be eligible to
| 16 | | participate in the election. When the Board has determined that | 17 | | a labor
organization has been fairly and freely chosen by a | 18 | | majority of employees
in an appropriate unit, it shall certify | 19 | | such organization as the exclusive
representative. If the Board | 20 | | determines that a majority of employees in an
appropriate unit | 21 | | has fairly and freely chosen not to be represented by a
labor | 22 | | organization, it shall so certify. The Board may also revoke | 23 | | the
certification of the public employee organizations as | 24 | | exclusive bargaining
representatives which have been found by a | 25 | | secret ballot election to be no
longer the majority | 26 | | representative.
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| 1 | | (e) The Board shall not conduct an election in any | 2 | | bargaining unit or
any subdivision thereof within which a valid | 3 | | election has been held in the
preceding 12-month period. The | 4 | | Board shall determine who is eligible to
vote in an election | 5 | | and shall establish rules governing the conduct of the
election | 6 | | or conduct affecting the results of the election. The Board | 7 | | shall
include on a ballot in a representation election a choice | 8 | | of "no
representation". A labor organization currently | 9 | | representing the bargaining
unit of employees shall be placed | 10 | | on the ballot in any representation
election. In any election | 11 | | where none of the choices on the ballot receives
a majority, a | 12 | | runoff election shall be conducted between the 2 choices
| 13 | | receiving the largest number of valid votes cast in the | 14 | | election. A labor
organization which receives a majority of the | 15 | | votes cast in an election
shall be certified by the Board as | 16 | | exclusive representative of all public
employees in the unit.
| 17 | | (f) A labor
organization shall be designated as the | 18 | | exclusive representative by a
public employer, provided that | 19 | | the labor
organization represents a majority of the public | 20 | | employees in an
appropriate unit. Any employee organization | 21 | | which is designated or selected
by the majority of public | 22 | | employees, in a unit of the public employer
having no other | 23 | | recognized or certified representative, as their
| 24 | | representative for purposes of collective bargaining may | 25 | | request
recognition by the public employer in writing. The | 26 | | public employer shall
post such request for a period of at |
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| 1 | | least 20 days following its receipt
thereof on bulletin boards | 2 | | or other places used or reserved for employee
notices.
| 3 | | (g) Within the 20-day period any other interested employee | 4 | | organization
may petition the Board in the manner specified by | 5 | | rules and regulations
of the Board, provided that such | 6 | | interested employee organization has been
designated by at | 7 | | least 10% of the employees in an appropriate bargaining
unit | 8 | | which includes all or some of the employees in the unit | 9 | | recognized
by the employer. In such event, the Board shall | 10 | | proceed with the petition
in the same manner as provided by | 11 | | paragraph (1) of subsection (a) of this
Section.
| 12 | | (h) No election shall be directed by the Board in any | 13 | | bargaining unit
where there is in force a valid collective | 14 | | bargaining agreement or after an interest arbitrator has been | 15 | | appointed pursuant to the impasse resolution procedures in | 16 | | Section 14 of this Act . The Board,
however, may process an | 17 | | election petition filed between 90 and 60 days prior
to the | 18 | | expiration of the date of an agreement, and may further refine, | 19 | | by
rule or decision, the implementation of this provision.
| 20 | | Where more than 4 years have elapsed since the effective date | 21 | | of the agreement,
the agreement shall continue to bar an | 22 | | election, except that the Board may
process an election | 23 | | petition filed between 90 and 60 days prior to the end of
the | 24 | | fifth year of such an agreement, and between 90 and 60 days | 25 | | prior to the
end of each successive year of such agreement.
| 26 | | (i) An order of the Board dismissing a representation |
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| 1 | | petition,
determining and certifying that a labor organization | 2 | | has been fairly and
freely chosen by a majority of employees in | 3 | | an appropriate bargaining unit,
determining and certifying | 4 | | that a labor organization has not been fairly
and freely chosen | 5 | | by a majority of employees in the bargaining unit or
certifying | 6 | | a labor organization as the exclusive representative of
| 7 | | employees in an appropriate bargaining unit because of a | 8 | | determination by
the Board that the labor organization is the | 9 | | historical bargaining
representative of employees in the | 10 | | bargaining unit, is a final order. Any
person aggrieved by any | 11 | | such order issued on or after the effective date of
this | 12 | | amendatory Act of 1987 may apply for and obtain judicial review | 13 | | in
accordance with provisions of the Administrative Review Law, | 14 | | as now or
hereafter amended, except that such review shall be | 15 | | afforded directly in
the Appellate Court for the district in | 16 | | which the aggrieved party resides
or transacts business.
Any | 17 | | direct appeal to the Appellate Court shall be filed within 35 | 18 | | days from
the date that a copy of the decision sought to be | 19 | | reviewed was served upon the
party affected by the decision.
| 20 | | (Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
| 21 | | (5 ILCS 315/14) (from Ch. 48, par. 1614)
| 22 | | Sec. 14. Security Employee, Peace Officer and Fire Fighter | 23 | | Disputes.
| 24 | | (a) In the case of collective bargaining agreements | 25 | | involving units of
security employees of a public employer, |
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| 1 | | Peace Officer Units, or units of
fire fighters or paramedics, | 2 | | and in the case of disputes under Section 18,
unless the | 3 | | parties mutually agree to some other time limit, mediation
| 4 | | shall commence 30 days prior to the expiration date of such | 5 | | agreement or
at such later time as the mediation services | 6 | | chosen under subsection (b) of
Section 12 can be provided to | 7 | | the parties. In the case of negotiations
for an initial | 8 | | collective bargaining agreement, mediation shall commence
upon | 9 | | 15 days notice from either party or at such later time as the
| 10 | | mediation services chosen pursuant to subsection (b) of Section | 11 | | 12 can be
provided to the parties. In mediation under this | 12 | | Section, if either party
requests the use of mediation services | 13 | | from the Federal Mediation and
Conciliation Service, the other | 14 | | party shall either join in such request or
bear the additional | 15 | | cost of mediation services from another source. The
mediator | 16 | | shall have a duty to keep the Board informed on the progress of
| 17 | | the mediation. If any dispute has not been resolved within 15 | 18 | | days after
the first meeting of the parties and the mediator, | 19 | | or within such other
time limit as may be mutually agreed upon | 20 | | by the parties, either the
exclusive representative or employer | 21 | | may request of the other, in writing,
arbitration, and shall | 22 | | submit a copy of the request to the Board.
| 23 | | (b) Within 10 days after such a request for arbitration has | 24 | | been
made, the employer shall choose a delegate and
the | 25 | | employees' exclusive representative shall choose a delegate to | 26 | | a panel
of arbitration as provided in this Section. The |
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| 1 | | employer and employees
shall forthwith advise the other and the | 2 | | Board of their selections.
| 3 | | (c) Within 7 days after the request of either party, the | 4 | | parties shall request a panel of impartial arbitrators from | 5 | | which they shall select the neutral chairman according to the | 6 | | procedures provided in this Section. If the parties have agreed | 7 | | to a contract that contains a grievance resolution procedure as | 8 | | provided in Section 8, the chairman shall be selected using | 9 | | their agreed contract procedure unless they mutually agree to | 10 | | another procedure. If the parties fail to notify the Board of | 11 | | their selection of neutral chairman within 7 days after receipt | 12 | | of the list of impartial arbitrators, the Board shall appoint, | 13 | | at random, a neutral chairman from the list. In the absence of | 14 | | an agreed contract procedure for selecting an impartial | 15 | | arbitrator, either party may request a panel from the Board. | 16 | | Notwithstanding the preceding paragraph in this subsection | 17 | | (c), for peace officer units and security employee units only, | 18 | | within 7 days after the request of either party to proceed to | 19 | | arbitration, the parties shall request a panel of impartial | 20 | | arbitrators from which they shall select the neutral chairman, | 21 | | unless the parties have mutually agreed upon an arbitrator or | 22 | | have negotiated a contract procedure for selecting an impartial | 23 | | interest arbitrator. In the absence of mutual agreement or an | 24 | | agreed contract procedure for selecting an impartial | 25 | | arbitrator, either party may request a panel from the Board. If | 26 | | the parties fail to notify the Board of their selection of a |
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| 1 | | neutral chairman within 7 days after receipt of the list of | 2 | | impartial arbitrators, the Board shall appoint, at random, a | 3 | | neutral chairman from the list. | 4 | | Within 7 days of the request of either party, the Board | 5 | | shall select
from the Public Employees Labor Mediation Roster 7 | 6 | | persons who are on the
labor arbitration panels of either the | 7 | | American Arbitration Association or
the Federal Mediation and | 8 | | Conciliation Service, or who are members of the
National | 9 | | Academy of Arbitrators, as nominees for
impartial arbitrator of | 10 | | the arbitration panel. The parties may select an
individual on | 11 | | the list provided by the Board or any other individual
mutually | 12 | | agreed upon by the parties. Within 7 days following the receipt
| 13 | | of the list, the parties shall notify the Board of the person | 14 | | they have
selected. Unless the parties agree on an alternate | 15 | | selection procedure,
they shall alternatively strike one name | 16 | | from the list provided by the
Board until only one name | 17 | | remains. A coin toss shall determine which party
shall strike | 18 | | the first name. If the parties fail to notify the Board in a
| 19 | | timely manner of their selection for neutral chairman, the | 20 | | Board shall
appoint a neutral chairman from the Illinois Public | 21 | | Employees
Mediation/Arbitration Roster.
| 22 | | (d) The chairman shall call a hearing to begin within 15 | 23 | | days and give
reasonable notice of the time and place of the | 24 | | hearing. The hearing
shall be held at the offices of the Board | 25 | | or at such other location as the
Board deems appropriate. The | 26 | | chairman shall preside over the hearing and
shall take |
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| 1 | | testimony. Any oral or documentary evidence and other data
| 2 | | deemed relevant by the arbitration panel may be received in | 3 | | evidence. The
proceedings shall be informal. Technical rules of | 4 | | evidence shall not apply
and the competency of the evidence | 5 | | shall not thereby be deemed impaired. A
verbatim record of the | 6 | | proceedings shall be made and the arbitrator shall
arrange for | 7 | | the necessary recording service. Transcripts may be ordered at
| 8 | | the expense of the party ordering them, but the transcripts | 9 | | shall not be
necessary for a decision by the arbitration panel. | 10 | | The expense of the
proceedings, including a fee for the | 11 | | chairman, established in advance by
the Board, shall be borne | 12 | | equally by each of the parties to the dispute.
The delegates, | 13 | | if public officers or employees, shall continue on the
payroll | 14 | | of the public employer without loss of pay. The hearing | 15 | | conducted
by the arbitration panel may be adjourned from time | 16 | | to time, but unless
otherwise agreed by the parties, shall be | 17 | | concluded within 30 days of the
time of its commencement. | 18 | | Majority actions and rulings shall constitute
the actions and | 19 | | rulings of the arbitration panel. Arbitration proceedings
| 20 | | under this Section shall not be interrupted or terminated by | 21 | | reason of any
unfair labor practice charge filed by either | 22 | | party at any time.
| 23 | | (e) The arbitration panel may administer oaths, require the | 24 | | attendance
of witnesses, and the production of such books, | 25 | | papers, contracts, agreements
and documents as may be deemed by | 26 | | it material to a just determination of
the issues in dispute, |
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| 1 | | and for such purpose may issue subpoenas. If any
person refuses | 2 | | to obey a subpoena, or refuses to be sworn or to testify,
or if | 3 | | any witness, party or attorney is guilty of any contempt while | 4 | | in
attendance at any hearing, the arbitration panel may, or the | 5 | | attorney general
if requested shall, invoke the aid of any | 6 | | circuit court within the jurisdiction
in which the hearing is | 7 | | being held, which court shall issue an appropriate
order. Any | 8 | | failure to obey the order may be punished by the court as | 9 | | contempt.
| 10 | | (f) At any time before the rendering of an award, the | 11 | | chairman of the
arbitration panel, if he is of the opinion that | 12 | | it would be useful or
beneficial to do so, may remand the | 13 | | dispute to the parties for further
collective bargaining for a | 14 | | period not to exceed 2 weeks. If the dispute
is remanded for | 15 | | further collective bargaining the time provisions of this
Act | 16 | | shall be extended for a time period equal to that of the | 17 | | remand. The
chairman of the panel of arbitration shall notify | 18 | | the Board of the remand.
| 19 | | (g) At or before the conclusion of the hearing held | 20 | | pursuant to subsection
(d), the arbitration panel shall | 21 | | identify the economic issues in dispute,
and direct each of the | 22 | | parties to submit, within such time limit as the
panel shall | 23 | | prescribe, to the arbitration panel and to each other its last
| 24 | | offer of settlement on each economic issue. The determination | 25 | | of the
arbitration panel as to the issues in dispute and as to | 26 | | which of these
issues are economic shall be conclusive. The |
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| 1 | | arbitration panel, within 30
days after the conclusion of the | 2 | | hearing, or such further additional
periods to which the | 3 | | parties may agree, shall make written findings of fact
and | 4 | | promulgate a written opinion and shall mail or otherwise | 5 | | deliver a true
copy thereof to the parties and their | 6 | | representatives and to the Board. As
to each economic issue, | 7 | | the arbitration panel shall adopt the last offer of
settlement | 8 | | which, in the opinion of the arbitration panel, more nearly
| 9 | | complies with the applicable factors prescribed in subsection | 10 | | (h). The
findings, opinions and order as to all other issues | 11 | | shall be based upon the
applicable factors prescribed in | 12 | | subsection (h).
| 13 | | (h) Where there is no agreement between the parties, or | 14 | | where there is
an agreement but the parties have begun | 15 | | negotiations or discussions looking
to a new agreement or | 16 | | amendment of the existing agreement, and wage rates
or other | 17 | | conditions of employment under the proposed new or amended | 18 | | agreement
are in dispute, the arbitration panel shall base its | 19 | | findings, opinions
and order upon the following factors, as | 20 | | applicable:
| 21 | | (1) The lawful authority of the employer.
| 22 | | (2) Stipulations of the parties.
| 23 | | (3) The interests and welfare of the public and the | 24 | | financial ability
of the unit of government to meet those | 25 | | costs.
| 26 | | (4) Comparison of the wages, hours and conditions of |
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| 1 | | employment of the
employees involved in the arbitration | 2 | | proceeding with the wages, hours and
conditions of | 3 | | employment of other employees performing similar services
| 4 | | and with other employees generally:
| 5 | | (A) In public employment in comparable | 6 | | communities.
| 7 | | (B) In private employment in comparable | 8 | | communities.
| 9 | | (5) The average consumer prices for goods and services, | 10 | | commonly known
as the cost of living.
| 11 | | (6) The overall compensation presently received by the | 12 | | employees,
including
direct wage compensation, vacations, | 13 | | holidays and other excused time, insurance
and pensions, | 14 | | medical and hospitalization benefits, the continuity and
| 15 | | stability of employment and all other benefits received.
| 16 | | (7) Changes in any of the foregoing circumstances | 17 | | during the pendency
of the arbitration proceedings.
| 18 | | (8) Such other factors, not confined to the foregoing, | 19 | | which are normally
or traditionally taken into | 20 | | consideration in the determination of wages,
hours and | 21 | | conditions of employment through voluntary collective | 22 | | bargaining,
mediation, fact-finding, arbitration or | 23 | | otherwise between the parties, in
the public service or in | 24 | | private employment.
| 25 | | (i) In the case of peace officers, the arbitration decision | 26 | | shall be
limited to wages, hours, and conditions of employment |
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| 1 | | (which may include
residency requirements in municipalities | 2 | | with a population under 1,000,000, but
those residency | 3 | | requirements shall not allow residency outside of Illinois)
and | 4 | | shall not include
the following: i) residency requirements in | 5 | | municipalities with a population
of at least 1,000,000; ii) the | 6 | | type of equipment, other
than uniforms, issued or used; iii) | 7 | | manning; iv) the total number of
employees employed by the | 8 | | department; v) mutual aid and assistance
agreements to other | 9 | | units of government; and vi) the criterion pursuant to
which | 10 | | force, including deadly force, can be used; provided, nothing | 11 | | herein
shall preclude an arbitration decision regarding | 12 | | equipment or manning
levels if such decision is based on a | 13 | | finding that the equipment or manning
considerations in a | 14 | | specific work assignment involve a serious risk to the
safety | 15 | | of a peace officer beyond that which is inherent in the normal
| 16 | | performance of police duties. Limitation of the terms of the | 17 | | arbitration
decision pursuant to this subsection shall not be | 18 | | construed to limit the
factors upon which the decision may be | 19 | | based, as set forth in subsection (h).
| 20 | | In the case of fire fighter, and fire department or fire | 21 | | district paramedic
matters, the arbitration decision shall be | 22 | | limited to wages, hours, and
conditions of employment (which | 23 | | may include residency requirements in
municipalities with a | 24 | | population under 1,000,000, but those residency
requirements | 25 | | shall not allow residency outside of Illinois) and shall not
| 26 | | include the
following matters: i) residency requirements in |
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| 1 | | municipalities with a
population of at least 1,000,000; ii) the | 2 | | type of equipment (other than
uniforms and fire fighter turnout | 3 | | gear) issued or used; iii) the total
number of employees | 4 | | employed by the department; iv) mutual aid and
assistance | 5 | | agreements to other units of government; and v) the criterion
| 6 | | pursuant to which force, including deadly force, can be used; | 7 | | provided,
however, nothing herein shall preclude an | 8 | | arbitration decision regarding
equipment levels if such | 9 | | decision is based on a finding that the equipment
| 10 | | considerations in a specific work assignment involve a serious | 11 | | risk to the
safety of a fire fighter beyond that which is | 12 | | inherent in the normal
performance of fire fighter duties. | 13 | | Limitation of the terms of the
arbitration decision pursuant to | 14 | | this subsection shall not be construed to
limit the facts upon | 15 | | which the decision may be based, as set forth in
subsection | 16 | | (h).
| 17 | | The changes to this subsection (i) made by Public Act | 18 | | 90-385 (relating to residency requirements) do not
apply to | 19 | | persons who are employed by a combined department that performs | 20 | | both
police and firefighting services; these persons shall be | 21 | | governed by the
provisions of this subsection (i) relating to | 22 | | peace officers, as they existed
before the amendment by Public | 23 | | Act 90-385.
| 24 | | To preserve historical bargaining rights, this subsection | 25 | | shall not apply
to any provision of a fire fighter collective | 26 | | bargaining agreement in effect
and applicable on the effective |
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| 1 | | date of this Act; provided, however, nothing
herein shall | 2 | | preclude arbitration with respect to any such provision.
| 3 | | (j) Arbitration procedures shall be deemed to be initiated | 4 | | by the
filing of a letter requesting mediation as required | 5 | | under subsection (a)
of this Section. The commencement of a new | 6 | | municipal fiscal year after the
initiation of arbitration | 7 | | procedures under this Act, but before the
arbitration decision, | 8 | | or its enforcement, shall not be deemed to render a
dispute | 9 | | moot, or to otherwise impair the jurisdiction or authority of | 10 | | the
arbitration panel or its decision. Increases in rates
of | 11 | | compensation awarded by the arbitration panel may be effective | 12 | | only at
the start of the fiscal year next commencing after the | 13 | | date of the arbitration
award. If a new fiscal year has | 14 | | commenced either since the initiation of
arbitration | 15 | | procedures under this Act or since any mutually agreed
| 16 | | extension of the statutorily required period of mediation
under | 17 | | this Act by the parties to the labor dispute causing a
delay in | 18 | | the initiation of arbitration, the foregoing limitations shall | 19 | | be
inapplicable, and such awarded increases may be retroactive | 20 | | to the
commencement of the fiscal year, any other statute or | 21 | | charter provisions to
the contrary, notwithstanding. At any | 22 | | time the parties, by stipulation, may
amend or modify an award | 23 | | of arbitration.
| 24 | | (k) Orders of the arbitration panel shall be reviewable, | 25 | | upon
appropriate petition by either the public employer or the | 26 | | exclusive
bargaining representative, by the circuit court for |
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| 1 | | the county in which the
dispute arose or in which a majority of | 2 | | the affected employees reside, but
only for reasons that the | 3 | | arbitration panel was without or exceeded its
statutory | 4 | | authority; the order is arbitrary, or capricious; or the order
| 5 | | was procured by fraud, collusion or other similar and unlawful | 6 | | means. Such
petitions for review must be filed with the | 7 | | appropriate circuit court
within 90 days following the issuance | 8 | | of the arbitration order. The
pendency of such proceeding for | 9 | | review shall not automatically stay the
order of the | 10 | | arbitration panel. The party against whom the final decision
of | 11 | | any such court shall be adverse, if such court finds such | 12 | | appeal or
petition to be frivolous, shall pay reasonable | 13 | | attorneys' fees and costs to
the successful party as determined | 14 | | by said court in its discretion. If said
court's decision | 15 | | affirms the award of money, such award, if retroactive,
shall | 16 | | bear interest at the rate of 12 percent per annum from the | 17 | | effective
retroactive date.
| 18 | | (l) During the pendency of proceedings before the | 19 | | arbitration panel,
existing wages, hours, and other conditions | 20 | | of employment shall not be
changed by action of either party | 21 | | without the consent of the other but a
party may so consent | 22 | | without prejudice to his rights or position under
this Act. The | 23 | | proceedings are deemed to be pending before the arbitration
| 24 | | panel upon the initiation of arbitration procedures under this | 25 | | Act.
| 26 | | (m) Security officers of public employers, and Peace |
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| 1 | | Officers, Fire
Fighters and fire department and fire protection | 2 | | district paramedics,
covered by this Section may not withhold | 3 | | services, nor may public employers
lock out or prevent such | 4 | | employees from performing services at any time.
| 5 | | (n) All of the terms decided upon by the arbitration panel | 6 | | shall be included
in an agreement to be submitted to the public | 7 | | employer's governing body
for ratification and adoption by law, | 8 | | ordinance or the equivalent
appropriate means.
| 9 | | The governing body shall review each term decided by the | 10 | | arbitration panel.
If the governing body fails to reject one or | 11 | | more terms of the
arbitration panel's decision by a 3/5 vote of | 12 | | those duly elected and
qualified members of the governing body, | 13 | | within 20 days of issuance, or
in the case of firefighters | 14 | | employed by a state university, at the next
regularly scheduled | 15 | | meeting of the governing body after issuance, such
term or | 16 | | terms shall become a part of the collective bargaining | 17 | | agreement of
the parties. If the governing body affirmatively | 18 | | rejects one or more terms
of the arbitration panel's decision, | 19 | | it must provide reasons for such
rejection with respect to each | 20 | | term so rejected, within 20 days of such
rejection and the | 21 | | parties shall return to the arbitration panel
for further | 22 | | proceedings and issuance of a supplemental decision with | 23 | | respect
to the rejected terms. Any supplemental decision by an | 24 | | arbitration panel
or other decision maker agreed to by the | 25 | | parties shall be submitted to
the governing body for | 26 | | ratification and adoption in accordance with the
procedures and |
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| 1 | | voting requirements set forth in this Section.
The voting | 2 | | requirements of this subsection shall apply to all disputes
| 3 | | submitted to arbitration pursuant to this Section | 4 | | notwithstanding any
contrary voting requirements contained in | 5 | | any existing collective
bargaining agreement between the | 6 | | parties.
| 7 | | (o) If the governing body of the employer votes to reject | 8 | | the panel's
decision, the parties shall return to the panel | 9 | | within 30 days from the
issuance of the reasons for rejection | 10 | | for further proceedings and issuance
of a supplemental | 11 | | decision. All reasonable costs of such supplemental
proceeding | 12 | | including the exclusive representative's reasonable attorney's
| 13 | | fees, as established by the Board, shall be paid by the | 14 | | employer.
| 15 | | (p) Notwithstanding the provisions of this Section the | 16 | | employer and
exclusive representative may agree to submit | 17 | | unresolved disputes concerning
wages, hours, terms and | 18 | | conditions of employment to an alternative form of
impasse | 19 | | resolution.
| 20 | | (Source: P.A. 96-813, eff. 10-30-09.)".
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